Birth, isn’t it beautiful? Now consider one of your most joyful days taking a turn for the worse. Nothing in the world seems capable of soothing your wrath and anguish if you become the victim of labor and delivery malpractice. However, filing a birth injury lawsuit may provide you with justice that can aid in your recovery.
Every year, one out of every 33 newborns is born with a congenital impairment, according to the CDC. While physicians may not be able to avoid certain genetic problems, they may be able to diagnose and prevent others.
What To Expect with a Birth Injury Lawsuit
Although each birth injury case is different, the majority follows a similar pattern. Knowing what to expect might help you relax and enjoy the journey ahead. As a parent, preparing for a birth injury lawsuit might be intimidating. You may, however, handle the legal procedure with confidence if you have a dedicated birth injury attorney on your side.
1. Send a Demand Letter
Before formally filing a lawsuit, you and your lawyer may try to see whether the doctors in issue are open to handing a settlement privately. In these circumstances, your lawyer will issue a demand letter to the doctor, their attorneys, or the insurance company.
Demand letters describe why you feel the doctor is to blame for your kid’s birth damage and how much money your kid will require as a result. They are advantageous because, if a doctor agrees to the conditions, you can collect compensation without having to file a lawsuit, saving everyone time.
If your child requires expensive medical treatment, however, a doctor may refuse to pay without a lawsuit.
2. File a Lawsuit
Your lawyer will prepare to initiate a formal lawsuit if the doctor refuses your demand letter. Any information you know that might benefit your case must be shared with your lawyer. Your lawyer will establish the basic facts using this information. The details of your individual case will provide them with information to determine the value of your claim.
Your lawyer will file the lawsuit in the proper court of law once the fundamental facts have been established. The lawsuit will be processed by a court, and a copy will be sent to the defendants. If a statute of limitations deadline passes without the defendants responding, you automatically win the case.
3. Discovery Phase
Following the defendants’ response, your team will gather further evidence to support medical malpractice or negligence allegations. In this phase, your legal team examines the case from every perspective to ensure the argument is as solid as feasible.
Your attorneys will gather most evidence. This includes depositions and medical documentation detailing the child’s injuries, hospital bills, and other expenditure reports which will be used in your case.
4. Negotiating a Settlement
After both parties have prepared their cases, they will meet to explore a possible settlement. No one is deemed a winner or loser if the case is settled. Instead, the defendants agree to give you a large sum of money, and the case is dismissed.
Most lawyers prefer to settle birth injury lawsuits. Settlements expedite the case’s resolution, allowing you to get critical compensation for your child’s injuries sooner. However, not every lawsuit will result in a settlement. These lawsuits are then taken into lengthy trials.
5. Trial and Appeal
During a trial, a judge and jury listen to both legal teams’ arguments before making a decision on the matter. For your case, trials are a double-edged sword. While they may give your side more compensation than a settlement, if you lose, you will receive no compensation at all.
A losing party can sometimes appeal a trial judgment, which means the matter will be examined by a higher court at a later date. The trial and appeals procedure might drag out your case for months or years, delaying life-changing compensation for your kid.
Benefits of Birth Injury Settlements
Money may be the last thing on your mind when your child’s safety is in jeopardy. Whether your child’s injuries are temporary or permanent, they will almost certainly require long-term, often costly medical care. Consider the assistance of birth injury attorneys and begin the process of ensuring your child’s greatest potential quality of life.
